RETALIATION ATTORNEY AUSTIN TX
Texas employers cannot legally punish employees for engaging in protected activities — reporting safety violations, filing workers' comp claims, complaining about discrimination, or whistleblowing. When they do, it's retaliation — an independent legal claim with significant potential recovery. Our Austin retaliation attorneys fight employers of all sizes across all retaliation types.
What We Can Do For You
Back payLost wages from the date of the retaliatory act through resolution
Front payFuture earnings lost because the retaliation damaged your career
Compensatory damagesEmotional distress and other non-economic harms from the retaliation
Punitive damagesAvailable for willful or malicious retaliation under certain statutes
Attorney feesMost federal anti-retaliation statutes allow recovery of attorney fees from the employer
ReinstatementCourt-ordered return to your position — available and sometimes strategically valuable
Key Information
1
Workers' Comp Retaliation
Texas Labor Code § 451.001 prohibits firing or discriminating against employees for filing workers' comp claims — up to $250,000 in exemplary damages.
2
EEOC Charge Retaliation
Firing, demoting, or harassing an employee for filing an EEOC discrimination charge is a separate and independent violation of Title VII.
3
OSHA/Safety Whistleblower
Retaliating against employees who report OSHA violations is prohibited under multiple federal whistleblower statutes with strong remedies.
4
FMLA Retaliation
Terminating or punishing an employee for taking protected FMLA leave is illegal under the Family and Medical Leave Act.
5
Internal Complaint Retaliation
Punishing an employee for using the employer's own complaint procedure to report discrimination or harassment.
What You Should Know
Document the timeline — protected activity followed by adverse action is the core of every retaliation claim
Preserve all relevant communications — emails, texts, and performance reviews before and after the protected activity
Note any changes in treatment, assignments, hours, or management attitude following your protected activity
File with the EEOC or TWC within 180 days for most federal anti-discrimination retaliation claims
Workers' comp retaliation claims in Texas have a 180-day deadline as well
Do not resign without attorney advice — constructive discharge may be actionable retaliation
Frequently Asked Questions
What counts as protected activity under Texas law?▾
Protected activities include: filing workers' comp claims, reporting workplace safety violations, filing EEOC or TWC complaints, taking FMLA leave, reporting illegal conduct (whistleblowing), and serving on a jury.
How close in time must the retaliation be to the protected activity?▾
Courts look for temporal proximity — typically within weeks or a few months. However, longer gaps can still support retaliation claims with other evidence of causation.
Can I sue for retaliation if I wasn't terminated?▾
Yes. Retaliation includes demotion, reduction in hours, removal of duties, hostile treatment, undesirable schedule changes, and other adverse employment actions — not just termination.
What is the deadline to file a retaliation claim?▾
For EEOC-related claims: 180 days. For workers' comp retaliation under Texas Labor Code: 180 days from the retaliatory act. Consult an attorney immediately.
Can my employer claim the termination was for performance reasons?▾
Yes — this is the most common defense. An attorney challenges pretextual reasons by showing the performance concerns arose only after the protected activity, were not applied consistently, or are contradicted by your documented record.
What if I was the only employee fired in a layoff?▾
Selective termination in a layoff — targeting the person who filed a complaint while retaining others — is a common retaliation pattern. Comparative evidence of who was retained vs. let go is powerful evidence.